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Presidential Proclamation on Marijuana Possession, Attempted Possession, and Use

On October 6, 2022, President Biden issued a presidential proclamation that pardoned many federal and D.C. offenses for simple marijuana possession offenses. On December 22, 2023, President Biden issued another proclamation that expanded the relief provided by the original proclamation. The December 2023 proclamation adds to the list of pardoned offenses the following: offenses under federal law for attempted possession of marijuana; additional offenses under the D.C. Code for simple marijuana possession; and violations of certain sections of the Code of Federal Regulations involving simple marijuana possession and use. The December 2023 proclamation also extends the original proclamation by pardoning offenses for simple possession of marijuana in violation of federal law prior to December 22, 2023. Both the October 2022 and December 2023 proclamations apply only to federal offenses, including violations of the U.S. Code, the D.C. Code, and the Code of Federal Regulations.

How to Apply for a Certificate of Pardon

Do not complete this application if your conviction is under state or local law.

Apply online

Download the application form and submit through mail or email.

Mail:
U.S. Department of Justice
Office of the Pardon Attorney
950 Pennsylvania Avenue NW
Washington DC 20530

Email:
USPardon.Attorney@usdoj.gov 

Frequently Asked Questions

On October 6, 2022, President Biden announced a full, unconditional, and categorical pardon for certain prior federal and D.C. offenses of simple possession of marijuana. The President’s pardon lifts barriers to housing, employment, and educational opportunities for thousands of people with those prior offenses.

The pardon, effective October 6, 2022, applies only to the offense of simple possession of marijuana under federal and D.C. law committed on or before that date. It does not apply to any other offense for which the individual has been charged or convicted.

On December 22, 2023, President Biden announced another proclamation, granting a full, unconditional, and categorical pardon of additional federal and D.C. offenses of simple possession, attempted possession, and use of marijuana. The December 2023 proclamation extends the relief provided by the original proclamation to cover simple marijuana possession offenses committed on or before December 22, 2023. It also expands the relief to cover offenses under additional provisions of federal and D.C. law involving simple marijuana possession, attempted possession, and use, including:

Simple or attempted possession of marijuana under 21 U.S.C. § 844 or § 846;

Simple or attempted possession of marijuana under sections 48-904.01(d), 48-904.09, and previous provisions of the D.C. Code that prohibited simple possession of marijuana; and

Certain provisions of the Code of Federal Regulations, including as enforced under the U.S. Code, that prohibit only the simple possession or use of marijuana on federal properties and locales.

The pardon applies to all qualifying offenses committed on or before December 22, 2023. It does not apply to any other offense for which the individual has been charged or convicted.

A pardon is an expression of forgiveness to a person convicted of a crime. It does not signify innocence or expunge the conviction. A pardon can, however, remove civil or legal disabilities—such as restrictions on the right to vote, to hold office, or to sit on a jury—that are imposed because of the pardoned conviction. A pardon may also be helpful in obtaining licenses, some types of insurance, or employment.

Pardoned persons may need proof that they were pardoned in order to achieve the full benefits of the pardon. The President directed the Attorney General, acting through the Pardon Attorney, to issue certificates to establish proof of pardon. The Office of the Pardon Attorney has developed an online and mail-in application for eligible individuals to apply for certificates.  Both applications are currently being updated to address the December 2023 proclamation. Until the updates are complete, you can apply for certificates under either proclamation using the currently available applications. You can expedite the processing of your application by submitting it online using the web form, providing an email address, and including the requested case documents. You may submit your application by email or mail, but doing so will delay the process.

No. President Biden’s proclamation does not pardon convictions under state law. It does apply to simple possession of marijuana and attempted simple possession of marijuana under the District of Columbia’s criminal code.

The President can only grant clemency for federal offenses. For help with a state conviction, you should contact the Governor or State Board of Pardons in the state where the conviction took place.

No. President Biden’s proclamation applies only to simple possession of marijuana, attempted simple possession of marijuana, and use of marijuana on certain federal properties and locales. Conspiracy, distribution, and possession with intent to distribute are not pardoned by the proclamation. Offenses with additional elements such as driving while under the influence of marijuana or possession in a correctional facility are not pardoned by the proclamation. Code of Federal Regulation provisions that include simple possession of marijuana and additional offenses, such as operating a vehicle under the influence of marijuana, are also excluded.

No. The proclamation does not apply to persons who were convicted of possessing different controlled substances in the same offense. For example, if you were convicted of possessing marijuana and cocaine in a single offense, you do not qualify for pardon under the terms of President Biden’s proclamation. If you were convicted of one count of simple or attempted possession of marijuana and a second count of possession of cocaine, President Biden’s proclamation applies only to the simple or attempted possession of marijuana count, and not to the possession of cocaine count.

Yes. President Biden’s proclamation applies if the qualifying offense occurred on or before December 22, 2023, even if a conviction had not been entered by a court by that date.

No. The proclamation pardons only those offenses occurring on or before December 22, 2023. It does not have any effect on offenses occurring after December 22, 2023.

Documentation from recent federal charges can usually be obtained by contacting the clerk of court in the jurisdiction where you were convicted or searching for the information on the federal courts’ public information website, PACER.

  • You may be able to find documentation for citations issued under the Code of Federal Regulations by contacting the Administrative Office of the U.S. Courts, Central Violations Bureau, here: Home | Central Violations Bureau (uscourts.gov).

If you are unable to find documentation of your charges, you should still submit your application. The Office of the Pardon Attorney will make every effort to assist you in locating older records, although there may be a delay in processing your application.

To date, the average processing time to issue a certificate has been within 30 days for applications that include all of the information necessary to verify eligibility.

You can expedite the processing of your application by submitting it online using the webform, providing an email address, and including the requested case documents. You may submit your application by email or mail but doing so will slow the process.

The more complete your application is upon initial submission, the quicker we can process your request.

If you do not, or cannot, provide all information requested in the application, the Office may need to conduct additional review, delaying the process for issuing a certificate. This review may include contacting you to collect additional personally identifying information or working with the National Archives to access older case files. Providing your email address or that of a trusted contact for follow-up questions will help us process your request faster. You can also enter a phone number for you or someone who is helping you, but it's not required. We'll only call you if we are unable to reach you via other methods.

If an incarcerated person cannot access the web version of the application, the Office of the Pardon Attorney has a paper application available for download on our website. Submissions can be made to USPardon.Attorney@usdoj.gov or through a case manager.

Yes. While we strongly encourage you to use the webform if possible, you can find a paper version of the application on our website Presidential Proclamation on Marijuana Possession (justice.gov). You can mail the completed application to Office of the Pardon Attorney, U.S. Department of Justice, 950 Pennsylvania Avenue, NW, Washington, D.C. 20530 or email it to USPardon.Attorney@usdoj.gov. If you are unable to access or download the form from our website, please contact us and we will mail an application to you.

We strongly recommend you provide an email address to help us process your request more quickly. You can also provide the email address for a trusted contact who can assist you with your application. If you do not have an email address, you can provide a physical mail address that we can use to send follow-up communication, but this may delay the process. You may enter a phone number for you or someone who is helping you, but it's not required. We’ll only call you if we are unable to reach you via other methods.

Please keep the certificate of pardon, as it is the only documentation you will receive that you were pardoned by the President’s October 6, 2022 or December 22, 2023, proclamations.

No. We will issue certificates of pardon to applicants who are eligible under the President’s October 2022 or December 2023 proclamations. If we cannot determine your eligibility based on available information, we will work with you to gather additional information as needed, but please note this may delay the process.

You should expect to receive a certificate within approximately 30 days of the date your application is received, if your application includes all of the information necessary to verify your eligibility. If your application does not contain sufficient information to verify your eligibility, the Office of the Pardon Attorney will conduct additional investigation in an attempt to verify your eligibility, which will delay the issuance of a certificate.

As of the last updated date, the Office of the Pardon Attorney has issued 184 certificates of pardon. We are processing applications as they are received. All applications received to date have either been fully resolved or are under review by the Department.

If you applied for a certificate of pardon more than 30 days ago and have not yet received a certificate or a notification that you are not eligible for a certificate, your case remains open while the Office of the Pardon Attorney attempts to verify your eligibility. If we are able to verify your eligibility, we will issue a certificate promptly. You will be notified promptly if a determination is made that you are not eligible for a certificate.

Updated March 18, 2024